Ashok Singh vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed Revisionist – accused Ashok Singh was convicted and sentenced to undergo rigorous imprisonment for a period of six months along with a fine of Rs. 1,000/- under Section 279 of the Indian Penal Code, 1860 (in short, “IPC”), and, he was further convicted and sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.1,000/- under Section 304A IPC. Both the sentences were directed to run concurrently.

Against the said judgment, an Appeal (Criminal Appeal No.87 of 2018) was filed. The said Appeal has been dismissed vide judgment dated 27.10.2022, passed by learned IInd Additional Sessions Judge, Haldwani, District Nainital.

Heard Mr. Saurav Adhikari, learned counsel for the revisionist and Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Mr. Saurav Adhikari, Advocate, contended that the case of the revisionist is that he was not driving the offending vehicle at the time of the incident and there is no cogent and reliable evidence on record to connect the revisionist with the said offences.

Admit.

Issue notice to the respondent no.2. Steps to be taken within a week.

List on 27.02.2024.

Heard on the Bail Application (IA No.02 of 2023).

Mr. Saurav Adhikari, Advocate, submits that the revisionist is in judicial custody since 20.06.2023. He was on bail during the trial and the appeal, and, the conditions of bail were never misused by him.

Having considered the submissions of learned counsel for the parties and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

The Bail Application (IA No.02 of 2023) is allowed.

Let the revisionist – Ashok Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, in the like amount, to the satisfaction of the Court concerned.